ABDUL KHALEK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence, dated 14th August, 1997, recorded by ld. 3rd. Additional Session Judge, Midnapore, in Session Trial No. 34 of 1993.

(2.) The appellant Abdul Khalek and 6 others were charge-sheeted by the Police under sections 148, 302/149,307/149,326/149 and 324/149 IPC for having committed the offences of riot, murder by intentionally causing the death of Sk. Mobarak Ali in furtherance of common object of an unlawful assembly, attempt to commit murder of Jahanara Begum and voluntarily causing grievous hurt to Jahanara Begum and etc. The accused persons pleaded not guilty to the charges.

(3.) The prosecution case was closed on 21st May, 1997. The accused persons were examined under section 313 Cr PC on the same day. The case was posted for 4th June, 1997, for recording defence witnesses. On that day no defence witnesses were present. The case was thereafter taken upon on 4th August, 1997, and one D.W. was partly examined. His examination-in-chief was deferred and the case was fixed for 14th August, 1997. On 14th August, 1997 when the case was called, the accused persons were present but the learned Public Prosecutor as well as the defence lawyer were absent. An application was filled on behalf of the accused persons for grant of adjournment to produce other defence witnesses. The learned session court not only rejected the application but closed a defence case. He did not call upon the Public Prosecutor to sum-up his case, as per provisions of section 234 Cr PC which reads thus:-